[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.95]

[Page 305-306]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251--LAND USES--Table of Contents
 
Subpart C--Appeal of Decisions Relating to Occupancy and Use of National 
                           Forest System Lands
 
Sec. 251.95  Authority of reviewing officer.

    (a) Discretion to establish procedures. A Reviewing Officer may 
issue such procedural orders as deemed appropriate to ensure orderly, 
expeditious, and fair conduct of an appeal providing they are consistent 
with other provisions of this part.
    (1) In appeals involving intervenors, the Reviewing Officer may 
prescribe special procedures to conduct the appeal.
    (2) All parties to an appeal shall receive notice of any orders or 
decisions on the conduct of the appeal.
    (3) Orders and determinations governing the conduct of an appeal are 
not subject to appeal and further review.
    (b) Consolidation of appeals. A Reviewing Officer may consolidate 
multiple appeals of the same decision, or of similar decisions involving 
common issues of fact or law and issue one appeal decision. Similarly, a 
Reviewing Officer may issue one decision in cases involving separate 
reviews filed pursuant to 36 CFR part 217 and under this part when the 
decision at issue is the same decision. In such case, the Reviewing 
Officer shall give notice to all parties to multiple appeals.
    (1) A decision to consolidate appeals is not subject to appeal and 
further review.
    (2) At the discretion of the Reviewing Officer, the Deciding Officer 
may prepare one responsive statement to multiple appeals.
    (c) Requests for additional information. Except in discretionary 
review conducted pursuant to Sec. 251.100 and second level appeals of 
decisions made by the District Ranger pursuant to Sec. 251.87(c) of this 
subpart, the Reviewing Officer

[[Page 306]]

may ask any party to an appeal for additional information as deemed 
necessary to decide the appeal. Such requests will be limited to 
obtaining and evaluating information needed to clarify issues raised. 
The Reviewing Officer shall notify all parties of the request for 
information, provide it to all parties, give opportunity to comment, and 
extend time periods if necessary to allow for submission of the 
information.

[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989; 55 
FR 7896, Mar. 6, 1990]